Assault is a serious charge in the state of New York. Anyone who has been charged with assault should not assume that the consequences are minor. Without a Bronx assault lawyer guiding your defense, it is possible to spend a lot of time behind bars and pay a lot of money out of pocket. And anyone convicted of felony assault will give up fundamental rights for the rest of their lives.

Working with an experienced assault attorney is the single best thing you can do to protect your interests. The police and prosecutors often pursue assault convictions aggressively, and defendants are at a disadvantage. It is still possible for charges to be thrown out, lead to a not-guilty verdict, or produce a minimum sentence. But only if you have the right Bronx assault lawyer in your corner.

As important as representation is, being an informed defendant is also essential. The more you know about the charges you face and the risks you are exposed to, the more you will commit to your defense. With that in mind, learn about the four types of assault that are most common in New York:

3^rd Degree Assault

This is considered the most minor of the assault charges. It is the charge that is applied when a person intentionally or recklessly causes injury to someone else. It is also applied when someone acts negligently with a weapon. Expect this to be the charge when you are involved in a skirmish that only leads to minor injuries and did not involve the use of a weapon. Even though this charge is common, you will still want a Bronx assault lawyer to act on your behalf. Minor types of assault still have serious potential penalties:

• Up to one year in jail
• Three years of probation
• Fines of up to $1,000
• Restricted access to the party who was assaulted

2^nd Degree Assault

In order for an assault to be given the more serious charge of 2^nd degree, it must meet just one of these conditions:

• Cause serious bodily harm. This is defined as any assault which creates an imminent risk of death, leads to serious disability or disfigurement, or cases protracted damage to any part of the body. Minor cuts and bruises do not typically qualify, but a broken bone or worse usually will.
• Involve a Weapon. If a weapon is involved in the assault, a 2nd-degree charge or worse is automatic. What qualifies as a weapon is very broadly defined, and the weapon does not have to cause any harm for this charge to apply.
• Affect an Official, Elderly, or Minor Victim. If someone is younger than 11 or older than 65, they fall into a category of victim that automatically applies a 2nd-degree charge. Assault on an official like a police officer, firefighter, or EMT also applies.

The penalties for 2nd-degree assault are much stricter since this is considered a more malicious act. A Bronx assault lawyer will be essential for avoiding penalties like these:

• Up to seven years in prison
• A felony conviction on your criminal record.

1st Degree Assault

This is one of the most serious charges on the books in New York. It is typically applied when an assault involves a weapon and lead to serious bodily harm. Prosecutors must also show that an intent to commit serious bodily harm existed. These offenders are considered to be a significant danger to public safety, which is why the penalties are sweeping:

• Minimum of five years in prison
• Maximum of 25 years in prison
• A felony conviction on your record.

Vehicular Assault

This is a separate category of assault in New York, and also a common charge. It is applied whenever a vehicle is involved but often comes up when impaired driving leads to accidents and injuries. It is broken down into 2^nd and 1st-degree status depending on the circumstances of the assault and the scope of the injuries it caused. The penalties range from years in prison to hefty fines and fees to a felony conviction on your record. Working with a Bronx assault lawyer is essential if you are facing a vehicular assault charge.

It is always possible to mount a defense no matter what types of assault charge you are facing. These cases are more complex than they seem. And even when the evidence or facts seem clear, a conviction is not necessarily certain. The key is to have a Bronx assault lawyer on your side who will stand up for your rights and tell your side of the story. If you ever require an assault attorney with experience, cunning, and commitment, Attorney Troy A. Smith is the advocate you want. For a free consultation, call (212) 537-4029.